Levick v. J. A. Patterson Co.
Superior Court of Pennsylvania
Appeal, No. 122, Oct. T., 1916, by plaintiff, from judgment of C. P. No. á, Philadelphia Co., June T., 1913, No. 3627, for defendant n. o. v. in case of Charles Tracey Levick, v. J. A. Patterson Company. Trespass to recover damages for personal injuries. At the trial it appeared that plaintiff was injured on January 7, 1913, by falling into a coal hole in the pavement in front of 202 Market street, Philadelphia.
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Appeal, No. 122, Oct. T., 1916, by plaintiff, from judgment of C. P. No. á, Philadelphia Co., June T., 1913, No. 3627, for defendant n. o. v. in case of Charles Tracey Levick, v. J. A. Patterson Company. Trespass to recover damages for personal injuries. At the trial it appeared that plaintiff was injured on January 7, 1913, by falling into a coal hole in the pavement in front of 202 Market street, Philadelphia. The evidence showed that the metal covering of the coal hole tilted as the plaintiff stepped upon it. The property in question was owned by defendant, but had been leased to one Louis…
1Opinion of the Court
Opinion by
Orlady, P. J.,
The appellant’s testimony develops the fact that this action against the defendant is one against a landlord who has been out of possession of the premises for a year prior to the happening of the accident, and that the tenant in possession had exclusive possession or control of that part of the premises in which the cause of the accident originated. The allegations of negligence on which appellant relies are that “the owner of said premises, did *266negligently, carelessly and unlawfully maintain said pavement in an unsafe condition, to wit, that the said metal covering…
2Cases cited1 opinion
- Bollinger v. Crystal Sand Co.Supreme Court of Pennsylvania · 1911
3Cited by3 opinions
- Fisher Et Ux. v. City of Phila.Superior Court of Pennsylvania · 1933
- Wright Et Ux. v. ScrantonSuperior Court of Pennsylvania · 1937
- Hanley Et Ux. v. Ryan Et Ux.Superior Court of Pennsylvania · 1925